A/HRC/34/66
were a complete fabrication. Those persons sentenced to the penalty of reform through
labour under the country’s Criminal Law served their terms in reform institutions” (see
A/HRC/27/10, para. 60). The Special Rapporteur stresses the importance of access to these
“reform institutions” by United Nations human rights mechanisms and relevant
international civil society organizations. He also emphasizes the need to receive substantive
information from the Government on the number, structure and conditions of detention in
these prison camps. 34 It is imperative that new strategies to tackle this very serious and
alarming human rights issue be elaborated and implemented.
Abductions and separated families
22.
During his visit, the Special Rapporteur was also informed about cases involving the
Democratic People’s Republic of Korea in which individuals from the Republic of Korea
and Japan were abducted or went missing. Although these cases occurred decades ago, the
lack of reliable information about the fate of people who were abducted or went missing
continues to have a serious impact on their relatives. In the case of Japan, under the 2014
Stockholm agreement, the Democratic People’s Republic of Korea committed to establish a
special committee to investigate all Japanese nationals, including the whereabouts of
Japanese individuals who were abducted and Japanese nationals who had accompanied
their Korean spouses to the Democratic People’s Republic of Korea. Nevertheless, in
response to the “autonomous measures” adopted by Japan in protest of the January nuclear
test and February launch using ballistic missile technology, the Democratic People’s
Republic of Korea announced that the comprehensive investigation into the fate of all the
Japanese nationals that had been under way under the Stockholm agreement would be
totally stopped and the special investigation committee dissolved as of 12 February 2016. 35
The Special Rapporteur urges the authorities in the Democratic People’s Republic of Korea
to resume the investigation and clarify the fate of abductees, and urges the Government of
Japan to resume dialogue with a view to reaching a prompt resolution to this issue.
23.
The Special Rapporteur also talked to individuals who had been separated from their
relatives as a result of the Korean War. He noted that involuntarily separated family
members on both sides of the armistice line had reached old age, and urged both
Governments to make urgent and genuine efforts to enable them to learn the fate of their
34
35
consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts
of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places
such persons outside the protection of the law”.
The Democratic People’s Republic of Korea is a State party to five legally binding human rights
treaties: the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child and the Convention on the
Rights of Persons with Disabilities. These instruments protect a wide range of rights related to the
conditions of detention. The United Nations has also adopted standards that outline specific measures
for the protection of the rights of persons in detention. While these standards are not legally binding,
they provide authoritative guidance on the treatment of detainees. These standards include the United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
the Code of Conduct for Law Enforcement Officials, the Principles of Medical Ethics relevant to the
Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Rules
for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the
Bangkok Rules) and the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules).
Rodong Shinmun (Pyongyang), “Japan assailed for scrapping DPRK-Japan intergovernmental
agreement”, 15 February 2016.
9
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